H. Res. 274

In the House of Representatives, U.S.,

November 1, 2001.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 3150) to improve aviation security, and for

other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and

shall not exceed one hour equally divided and controlled by

the chairman and ranking minority member of the Committee

on Transportation and Infrastructure. After general debate

the bill shall be considered for amendment under the fiveminute rule. The bill shall be considered as read. No amendment to the bill shall be in order except those printed in the

report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order

printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided
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and controlled by the proponent and an opponent, shall not

be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the

Committee of the Whole. All points of order against such

amendments are waived. At the conclusion of consideration of

the bill for amendment the Committee shall rise and report

the bill to the House with such amendments as may have

been adopted. The previous question shall be considered as

ordered on the bill and amendments thereto to final passage

without intervening motion except one motion to recommit

with or without instructions.

SEC. 2. Notwithstanding any other provision of this resolution, the amendment specified in section 3 of this resolution shall be in order in lieu of the amendment printed in

House Report 107–264 and numbered 1.

SEC. 3. The amendment referred to in section 2 is as

follows:

Page 1, line 6, strike ‘‘Secure Transportation for

America Act of 2001’’ and insert ‘‘Airport Security Federalization Act of 2001’’.

In the table of contents after line 8, strike the item

relating to section 15 and insert the following:

Sec. 15. Technical corrections.

Page 2, before line 9, insert the following:
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1 TITLE I—AVIATION SECURITY

Redesignate sections 2 through 22 of the bill as sections 101 through 121, respectively.

Conform the table of contents of the bill, accordingly.

Page 13, line 17, strike ‘‘(1) in subsection (a) by

striking’’ and inserting the following:

2 (1) in subsection (a)—

3 (A) by striking ‘‘a cabin of’’; and

4 (B) by striking

Page 14, line 2, strike ‘‘The responsibility’’ and insert the following:

5 ‘‘(1) IN GENERAL.—The responsibility

Page 14, after line 8, insert the following:

6 ‘‘(2) ADDITIONAL SCREENING AUTHORITY.—

7 The Under Secretary may perform any such addi8 tional screening of passengers and property on pas9 senger aircraft in air transportation that originates

10 in the United States or intrastate air transportation

11 that the Under Secretary deems necessary to en12 hance aviation security.
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Page 14, line 20, strike the closing quotation marks

and the final period and insert the following:

1 ‘‘(g) DEPUTIZATION OF AIRPORT SCREENING PER2 SONNEL.—The Under Secretary shall deputize, for en3 forcement of such Federal laws as the Under Secretary

4 determines appropriate, all airport screening personnel as

5 Federal transportation security agents and shall ensure

6 that such agents operate under common standards and

7 common uniform, insignia, and badges. The authority to

8 arrest an individual may be exercised only by supervisory

9 personnel who are sworn, full-time law enforcement offi10 cers.’’.

Page 15, after line 24, insert the following:

11 ‘‘(7) a requirement that any private security

12 firm retained to provide airport security services be

13 owned and controlled by a citizen of the United

14 States, to the extent that the President determines

15 that there are firms owned and controlled by such

16 citizens;

Page 16, line 1, strike ‘‘(7)’’ and insert ‘‘(8)’’.

Page 16, line 2, strike ‘‘and’’.

Page 16, line 3, strike ‘‘(8)’’ and insert ‘‘(9)’’.
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Page 16, line 7, strike both periods and the closing

quotation marks and insert ‘‘; and’’ and the following:

1 ‘‘(10) a preference for the hiring of any indi2 vidual who is a former employee of an air carrier

3 and whose employment with the air carrier was ter4 minated as a result of a reduction in the workforce

5 of the air carrier.’’.

Page 16, lines 11 and 12, strike ‘‘Secure Transportation for America Act of 2001’’ and insert ‘‘Airport Security Federalization Act of 2001’’.

Page 16, line 20, strike ‘‘pursuant’’ and insert ‘‘pursuant to’’.

Page 19, line 22, strike ‘‘and’’.

Page 20, line 2, strike the period and insert ‘‘; and’’

and the following:

6 (J) the ability to demonstrate daily a fit7 ness for duty without any impairment due to il8 legal drugs, sleep deprivation, medication, or al9 cohol.

Page 21, line 14, strike ‘‘and’’.

Page 21, line 20, strike the period and insert a

semicolon and the following:
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1 ‘‘(5) require air carriers to provide, on a space2 available basis, to an off-duty Federal air marshal a

3 seat on a flight to the airport nearest the marshal’s

4 home at no cost to the marshal or the United States

5 Government if the marshal is traveling to that air6 port after completing his or her security duties; and

7 ‘‘(6) provide, in choosing among applicants for

8 a position as a Federal air marshal, a preference for

9 the hiring of a pilot of an air carrier whose employ10 ment with the air carrier was terminated as a result

11 of a reduction in the workforce of the air carrier if

12 the pilot is otherwise qualified for the position.

Page 22, line 3, after ‘‘consultation with’’ insert

‘‘and concurrence of’’.

Page 22, before line 10, insert the following:

13 (c) BASIC PAY DEFINED.—Section 8331(3)(E) of

14 title 5, United States Code, is amended to read as follows:

15 ‘‘(E) availability pay—

16 ‘‘(i) received by a criminal investigator

17 under section 5545a of this title; or

18 ‘‘(ii) received after September 11,

19 2001, by a Federal air marshal of the De20 partment of Transportation;’’.
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Page 24, line 1, strike ‘‘Provide’’ and insert ‘‘Establish performance goals for individuals described in paragraph (6), provide’’.

Page 24, lines 2 and 3, strike ‘‘individuals described

in paragraph (6)’’ and insert ‘‘such individuals,’’.

Page 26, after line 2, insert the following:

1 ‘‘(16) Establish a uniform system of identifica2 tion for all State and local law enforcement per3 sonnel for use in obtaining permission to carry

4 weapons in aircraft cabins and in obtaining access to

5 a secured area of an airport.

6 ‘‘(17) Establish requirements under which air

7 carriers, under the supervision of the Under Sec8 retary, could implement trusted passenger programs

9 and use available technologies to expedite the secu10 rity screening of passengers who participate in such

11 programs, thereby allowing security screening per12 sonnel to focus on those passengers who should be

13 subject to more extensive screening.

14 ‘‘(18) In consultation with the Commissioner of

15 Food and Drugs, develop security procedures under

16 which a medical product to be transported on a

17 flight of an air carrier would not be subject to man-
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1 ual or x-ray inspection if conducting such an inspec2 tion would irreversibly damage the product.

3 ‘‘(19) Develop security procedures to allow pas4 sengers transporting a musical instrument on a

5 flight of an air carrier to transport the instrument

6 in the passenger cabin of the aircraft, notwith7 standing any size or other restriction on carry-on

8 baggage but subject to such other reasonable terms

9 and conditions as may be established by the Under

10 Secretary or the air carrier, including imposing addi11 tional charges by the air carrier.

12 ‘‘(20) Provide for the use of wireless and wire

13 line data technologies enabling the private and se14 cure communication of threats to aid in the screen15 ing of passengers and other individuals on airport

16 property who are identified on any State or Federal

17 security-related data base for the purpose of having

18 an integrated response coordination of various au19 thorized airport security forces.

Page 26, strike line 19 and all that follows through

line 7 on page 27 and insert the following:

20 ‘‘(d) PROPERTY SECURITY PROGRAM.—

21 ‘‘(1) CHECKED BAGGAGE.—

22 ‘‘(A) FINAL DEADLINE FOR SCREENING.—

23 A system must be in operation to screen all
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1 checked baggage at all airports in the United

2 States no later than December 31, 2003.

3 ‘‘(B) USE OF EXPLOSIVE DETECTION

4 EQUIPMENT.—The Under Secretary shall en5 sure that explosive detection equipment in6 stalled at airports to screen checked baggage is

7 used to the maximum extent possible.

8 ‘‘(C) INSTALLATION OF ADDITIONAL EX9 PLOSIVE DETECTION EQUIPMENT.—The Under

10 Secretary shall install additional explosive de11 tection equipment at airports as soon as pos12 sible to ensure that all checked baggage is

13 screened before being placed in an aircraft.

14 ‘‘(D) INTERIM BAG-MATCHPROGRAMS.—

15 Until the Under Secretary has installed enough

16 explosive detection equipment at airports to en17 sure that all checked baggage is screened, the

18 Under Secretary shall require air carriers to

19 implement bag-match programs that ensure

20 that no checked baggage is placed in an aircraft

21 unless the passenger who checks the baggage is

22 aboard the aircraft.

23 ‘‘(2) CARGO DEADLINE.—A system must be in

24 operation to screen all cargo that is to be trans25 ported in passenger aircraft in air transportation
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1 and intrastate air transportation as soon as possible

2 after the date of enactment of this paragraph.

Page 29, line 10, strike ‘‘and’’ and insert the following:

3 (2) by adding at the end of paragraph (1) the

4 following:

5 ‘‘(G) BACKGROUND CHECKS OF CURRENT

6 EMPLOYEES.—A background check (including a

7 criminal history record check and a review of

8 available law enforcement data bases and

9 records of other governmental and international

10 agencies) shall be required for any individual

11 who currently has unescorted access to an air12 craft of an air carrier or foreign air carrier,

13 unescorted access to a secured area of an air14 port in the United States that serves an air car15 rier or foreign air carrier, or is responsible for

16 screening passengers or property, or both, un17 less that individual was subject to such a

18 background check before the individual began

19 his or her current employment or is exempted

20 from such a check under section 107.31(m) of

21 title 14, Code of Federal Regulations.’’; and

Page 29, line 11, strike ‘‘(2)’’ and insert ‘‘(3)’’.
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Page 34, strike line 23 and all that follows through

line 4 on page 35 and insert the following:

1 ‘‘(c) AIRPORT SECURITY.—

2 ‘‘(1) IN GENERAL.—There is authorized to be

3 appropriated to the Secretary for fiscal years 2002

4 and 2003 a total of $1,500,000,000 to reimburse

5 airport operators for direct costs incurred by such

6 operators to comply with new, additional, or revised

7 security requirements imposed on such operators by

8 the Federal Aviation Administration or Transpor9 tation Security Administration on or after Sep10 tember 11, 2001. Such sums shall remain available

11 until expended.

12 ‘‘(2) CONDITIONS.—Before providing financial

13 assistance to an airport operator with funds appro14 priated pursuant to paragraph (1), the Secretary

15 shall require the operator to provide assurances that

16 the operator will—

17 ‘‘(A) meet with the tenants of the airport

18 (other than air carriers and foreign air carriers)

19 to discuss adjustments of the rent of the ten20 ants to account for losses in revenue incurred

21 by the tenants on and after September 11,

22 2001; and
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1 ‘‘(B) provide to the Secretary an itemized

2 list of costs incurred by the operator to comply

3 with the security requirements described in

4 paragraph (1), including costs relating to land5 ing fees, automobile parking revenues, rental

6 cars, restaurants, and gift shops.’’.

Page 36, line 9, strike ‘‘subsection (b)’’ and insert

‘‘paragraph (2)’’.

Page 39, lines 16 and 17, strike ‘‘Secure Transportation for America Act of 2001’’ and insert ‘‘Airport Security Federalization Act of 2001’’.

Page 43, line 22, after ‘‘sponsor’’ insert ‘‘or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor’’.

Page 44, beginning on line 25, strike ‘‘Secure

Transportation for America Act of 2001’’ and insert

‘‘Airport Security Federalization Act of 2001’’.

Page 45, after line 15, insert the following:

7 (d) MAXIMUM AMOUNT OF COMPENSATION PAYABLE

8 PER AIR CARRIER.—Section 103 of such Act is amended

9 by adding at the end the following:

10 ‘‘(d) COMPENSATION FOR AIR CARRIERS PROVIDING

11 AIR AMBULANCE SERVICES.—
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1 ‘‘(1) SET-ASIDE.—The President may set aside

2 a portion of the amount of compensation payable to

3 air carriers under section 101(a)(2) to provide com4 pensation to air carriers providing air ambulance

5 services. The President shall reduce the

6 $4,500,000,000 specified in subsection (b)(2)(A)(i)

7 by the amount set aside under this subsection.

8 ‘‘(2) DISTRIBUTION OF AMOUNTS.—The Presi9 dent shall distribute the amount set aside under this

10 subsection proportionally among air carriers pro11 viding air ambulance services based on an appro12 priate auditable measure, as determined by the

13 President.’’.

At the end of the bill, add the following (and conform the table of contents of the bill accordingly):

14 SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS

15 OF OTHER CARRIERS.

16 (a) IN GENERAL.—Subchapter I of chapter 417 is

17 amended by adding at the end the following:

18 ‘‘§ 41722. Requirement to honor passenger tickets of

19 other carriers

20 ‘‘Each air carrier that provides scheduled air trans21 portation on a route shall provide, to the extent prac22 ticable, air transportation to passengers ticketed for air

23 transportation on that route by any other air carrier that
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1 suspends, interrupts, or discontinues air passenger service

2 on the route by reason of an act of war or terrorism or

3 insolvency or bankruptcy of the carrier.’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 such subchapter is amended by adding at the end the fol6 lowing:

‘‘41722. Requirement to honor passenger tickets of other carriers.’’.

7 SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION

8 MATTERS.

9 (a) FLIGHT SERVICE STATION EMPLOYEES.—It is

10 the sense of Congress that the Administrator of the Fed11 eral Aviation Administration should continue negotiating

12 in good faith with flight service station employees of the

13 Administration with a goal of reaching agreement on a

14 contract as soon as possible.

15 (b) WAR RISK INSURANCE.—It is the sense of Con16 gress that the Secretary of Transportation should imple17 ment section 202 of the Air Transportation Safety and

18 System Stabilization Act (Public Law 107–42) so as to

19 make war risk insurance available to vendors, agents, and

20 subcontractors of general aviation aircraft.

21 (c) TRANSPORT OF ANIMALS.—It is the sense of Con22 gress that an air carrier that transports mail under a con23 tract with the United States Postal Service should trans24 port any animal that the Postal Service allows to be

25 shipped through the mail.
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1 (d) SCREENING.—It is the sense of Congress that the

2 Under Secretary of Transportation for Security should re3 quire, as soon as practicable, that all property carried in

4 a passenger aircraft in air transportation or intrastate air

5 transportation (including checked baggage) be screened by

6 any currently available means, including X-ray machine,

7 hand-held metal detector, explosive detection system

8 equipment, or manual search.

9 (e) CONTRACTS FOR AIRPORT SECURITY SERV10 ICES.—It is the sense of Congress that, in awarding a con11 tract for airport security services, the Under Secretary of

12 Transportation for Security should, to the maximum ex13 tent practicable, award the contract to a firm that is

14 owned and controlled by a citizen of the United States.

15 TITLE II—VICTIMS

16 COMPENSATION

17 SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARIS18 ING OUT OF CRASHES OF SEPTEMBER 11,

19 2001.

20 Section 408 of the Air Transportation Safety and

21 System Stabilization Act (Public Law 107–42; 115 Stat.

22 240; 49 U.S.C. 40101 note) is amended—

23 (1) by amending the section heading to read as

24 follows:
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1 ‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARIS2 ING OUT OF CRASHES OF SEPTEMBER 11,

3 2001.’’;

4 (2) by amending subsection (a) to read as fol5 lows:

6 ‘‘(a) GENERAL LIMITATION OF LIABILITY.—Except

7 as provided in this section, no Federal court or agency

8 or State court or agency shall enforce any Federal or State

9 law holding any person, or any State or political subdivi10 sion thereof, liable for any damages arising out of the hi11 jacking and subsequent crashes of American Airlines

12 flights 11 or 77, or United Airlines flights 93 or 175, on

13 September 11, 2001.’’;

14 (3) in subsection (b), by adding at the end the

15 following new paragraphs:

16 ‘‘(4) DAMAGES.—If any party to any action

17 brought under this subsection is determined to be

18 liable—

19 ‘‘(A) no damages in the aggregate ordered

20 by the court to be paid by such party shall ex21 ceed the amount of insurance, minus any pay22 ments made pursuant to a court approved set23 tlement, which such party is determined to have

24 obtained prior to September 11, 2001, and

25 which is determined to cover such party’s liabil26 ity for any damages arising out of the hijacking
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1 and subsequent crashes of American Airlines

2 flights 11 or 77, or United Airlines flights 93

3 or 175, on September 11, 2001;

4 ‘‘(B) such party shall not be liable for in5 terest prior to the judgment or for punitive

6 damages intended to punish or deter; and

7 ‘‘(C) the court shall reduce the amount of

8 damages awarded to a plaintiff by the amount

9 of collateral source compensation that the plain10 tiff has received or is entitled to receive as a re11 sult of the terrorist-related aircraft crashes of

12 September 11, 2001.

13 ‘‘(5) ATTORNEYS’ FEES.—Reasonable attor14 neys’ fees for work performed in any action brought

15 under this subsection shall be subject to the discre16 tion of the court, but in no event shall any attorney

17 charge, demand, receive, or collect for services ren18 dered, fees in excess of 20 percent of the damages

19 ordered by the court to be paid pursuant to this sub20 section, or in excess of 20 percent of any court ap21 proved settlement made of any claim cognizable

22 under this subsection. Any attorney who charges, de23 mands, receives, or collects for services rendered in

24 connection with such claim any amount in excess of

25 that allowed under this subsection, if recovery be
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1 had, shall be fined not more than $2,000 or impris2 oned not more than one year, or both.’’;

3 (4) by amending subsection (c) to read as fol4 lows:

5 ‘‘(c) EXCLUSION.—Nothing in this section shall in

6 any way limit any liability of any person who—

7 ‘‘(1) hijacks any aircraft or commits any ter8 rorist act; or

9 ‘‘(2) knowingly participates in a conspiracy to

10 hijack any aircraft or commit any terrorist act.’’;

11 and

12 (5) by adding at the end the following new sub13 sections:

14 ‘‘(d) DISCLAIMER.—Nothing herein implies that any

15 person is liable for damages arising out of the hijacking

16 and subsequent crashes of American Airlines flights 11

17 or 77, or United Airlines flights 93 or 175, on September

18 11, 2001.

19 ‘‘(e) STATE DEFINED.—In this section, the term

20 ‘State’ means any State of the United States, the District

21 of Columbia, the Commonwealth of Puerto Rico, the

22 Northern Mariana Islands, the United States Virgin Is23 lands, Guam, American Samoa, and any other territory
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1 of possession of the United States or any political subdivi2 sion of any of the foregoing.’’.

Attest:

Clerk.